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: How Appealing

"Plaintiff asked the court to issue a declaratory judgment stating that the Senate must act on [judicial] nominations within four months and that any nominee not put to a vote in that time would be deemed confirmed by the Senate 'as a matter of law.'"

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"Plaintiff asked the court to issue a declaratory judgment stating that the Senate must act on [judicial] nominations within four months and that any nominee not put to a vote in that time would be deemed confirmed by the Senate 'as a matter of law.'" As a non-precedential ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday indicates, someone other than Law Professor Carl Tobias also cares a great deal about getting judges confirmed.

Perhaps finding the op-ed market on that subject all but cornered by Professor Tobias, attorney John Marshall Cogswell did what comes naturally to so many attorneys -- he sued in court. Unfortunately for Cogswell, the U.S. District Court for the District of Colorado dismissed his suit for lack of standing and for raising a non-justiciable political question, among other reasons. And yesterday, the Tenth Circuit affirmed that dismissal.

Full post as published by How Appealing on December 03, 2009 (boomark / email).

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